Matrimonial Reliefs | Family Law - CLAT PG PDF Download

Restitution of Conjugal Rights 

• This remedy, introduced by the British, is available to all communities.
• Either the husband or wife can file a suit for restitution of conjugal rights if the other party withdraws without lawful reason.
• Defenses available to the defendant after filing the suit include:
  • Cruelty by the petitioner
  • Void marriage
  • Plaintiff is guilty of apostasy
  • Non-payment of dower
  • Valid separation agreement

Enforcement of Agreements between Spouses 

• Mohammedan law allows agreements between spouses regarding:
•  Regulation of matrimonial life 
•  Stipulation for dissolution of marriage  upon the occurrence of a stipulated contingency.
• Only lawful agreements are enforceable, such as:
  • Husband will not contract a second marriage
  • Husband will not remove wife from the house
  • Husband will not remain absent from the house beyond a certain period
  • Certain amount of dower will be paid immediately
• In one case, the Privy Council ruled that an agreement for the wife to live in her parents' house after marriage is invalid, but in the case of "Khana Damad," it is valid.
•  Mydeen v. Mydeen (1951 Mad 292)  - When the husband took a second wife, he had made an agreement with the first wife to settle some properties in her name. After divorcing her, she filed a suit for recovery, which was initially dismissed by the trial court. However, the High Court ruled that she was entitled to recover the amount as per their agreement.
•  Khwaja Mohd. V. Husaini Begum (1910) 37 IA 152  - The father of a minor husband agreed at the time of marriage to pay Rs. 500 to the wife after the marriage. When he denied this payment after the marriage, the wife petitioned the Court, and her plea was accepted and the agreement enforced.

Declaratory Suits and Annulment of Marriage 

• When a marriage is dissolved by a court decree, Muslim law refers to it as "Furquat."
• Declaratory suits can be filed under Section 24 of the Specific Relief Act, 1963 for various reliefs, such as:
•  Declaring the marriage  of the plaintiff with the defendant as null and void.
•  Establishing the plaintiff  as the lawful husband or wife of the defendant.
•  Repudiating the marriage  between the plaintiff and the defendant.
•  Validly dissolving the marriage  between the plaintiff and the defendant.
• However, suits for breach of promise to marry are not entertained.

Option of Puberty and Repudiation of Marriage 

• When a child is married off by the father or grandfather, the minor has the right to repudiate the marriage upon reaching majority. If all aspects, including the dower, are correct, the minor cannot repudiate the marriage. If the minor does not repudiate upon attaining majority, the marriage remains valid.
• In cases where a minor is married by someone other than the father or grandfather, the minor has the absolute right to repudiate the marriage immediately upon reaching majority without providing any reason. This right is known as the "Option of Puberty."
• According to Shia beliefs, in such cases, the marriage is entirely ineffective unless ratified by the minor upon attaining puberty. The Option of Puberty is subject to the following limitations:
  • The option must be exercised immediately upon attaining puberty.
  • The marriage should not have been consummated.
• In the case of  Bismilla v. Nur Md. (1921) 44 All 61  , the Courts ruled that a minor wife does not lose her right to repudiate the marriage if she is unaware of this right. Therefore, she can exercise the right after becoming aware of it.
• A similar liberal interpretation was applied to the second limitation as well. In the case of  Abdul v. Aminabai (1935) 59 Bom 426  , the court determined that consummation must have occurred with the consent of the wife.
• Under the  Dissolution of Muslim Marriage Act, 1939  , a Muslim woman can file for the dissolution of her marriage on the grounds that she was married before the age of fifteen by her father, grandfather, or any other guardian.
• In the case of  Mustafa v. Khurshida AIR 2006 Raj 31  , where the girl was married at the age of seven, as proven by her birth certificate, and the marriage was not consummated, she lawfully exercised the option of puberty by filing the suit and was granted divorce.

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